ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No.1675 of 2018

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DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

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1. For orders on CMA 12196/18

2. For orders on CMA 12197/18

Dated: 03.09.2018

Mr. Asad Khan for plaintiff.

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1/2)     Learned counsel for plaintiff submits that the plaintiff is proprietor of copyrighted artistic work, copies of which are produced at pages 61 and 63 and its application for registration of similar trademark is pending at the Trademark Registry in class 9 under application No.430265, which has been accepted and designated for advertisement. Counsel contended that defendant No.1 imported battery cells wrapped in an identical wrapper through Goods Declaration No.KAPW-HC-192827 and when plaintiff acquired knowledge of the said import it moved appropriate application before defendants No.3 and 5 under relevant provisions of Intellectual Property laws as well as under SRO No.170(i)/2017 available at page 137. Per counsel the goods were immediately seized whereupon defendant No.1 entered into a compromise with the plaintiff attached at page 123 in terms of which he chose to hand over possession of all those imported goods to the plaintiff, admitting the plaintiff’s prima facie title in the copyright/trademark. However, the defendant No.3 passed an order dated 22.06.2017 holding that the plaintiff had no right to restrain defendant No.1 from import of goods embodied in an identical wrapper because the plaintiff only had copyright registration and not trademark registration. Through the first application the Court is moved to restrain defendant No.1 from disposing of, trading in, selling or in any way handling or making available to public these battery cells as well as the plaintiff seeks suspension of order passed by defendant No.3 on 22.06.2017.

Issue notice to defendants for 17.09.2018 as well as A.A.G, in the interim operation of Order No.01/2018 dated 22.06.2017 passed by defendant No.3 is suspended as well as the defendant No.1 is restrained from any further sale, trade or distribution of the goods under “POWER FRESH” wrapper identical to that of the plaintiff, till the next date of hearing.

                                                                                                            J U D G E